Quick answer
What you need to know first
If Service Canada denied your CPP Disability application, a lawyer can review the denial letter against your medical records and work history, explain why the 'severe and prolonged' test was not met, and prepare a reconsideration request within the 90-day deadline or file an appeal with the Social Security Tribunal. The goal is to correct the record and pursue the benefits you contributed toward.
Why Service Canada denies CPP Disability claims—and what to do next
Most initial applications are denied because the medical evidence does not convince Service Canada that the disability is both 'severe' and 'prolonged' as defined by the Canada Pension Plan. A denial letter will outline the reasons, but the language can be vague. Before you request a reconsideration, you need to understand exactly which part of the test you failed and what evidence will fix it. UL Lawyers reads the denial letter alongside your original application, your doctor's reports, and your work history to pinpoint the gap and build a targeted response.
- Decode the Service Canada denial letter to identify the specific reason for refusal
- Assess whether your medical records adequately prove a 'severe' disability that prevents any substantially gainful work
- Determine if the 'prolonged' requirement is met, meaning the disability is long-term or likely to result in death
- Review your Canada Pension Plan contribution history to confirm you meet the minimum qualifying period (MQP)
- Advise whether a reconsideration request is the right step or if a fresh application with stronger evidence is more strategic
The 90-day reconsideration deadline and how to protect your claim
You have 90 days from the date you receive your denial letter to file a reconsideration request with Service Canada. This is not a flexible timeline. Missing it can force you to start over with a new application, losing the original application date and potentially affecting retroactive payments. UL Lawyers helps Burlington clients prepare and submit the reconsideration request before the deadline, ensuring the new evidence directly addresses the reasons for denial. If the 90 days have already passed, we can assess whether exceptional circumstances might allow a late request.
- Calculate the exact 90-day deadline from the date on your Service Canada denial letter
- Prepare the reconsideration request with new medical reports, specialist assessments, and updated work-capacity evaluations
- Submit the request through the proper Service Canada channels and retain proof of filing
- If the deadline is missed, evaluate whether 'extenuating circumstances' can be argued for an extension
- Manage ongoing communication with Service Canada so you do not inadvertently harm your file
Building the medical and work-history evidence that wins reconsiderations
A successful reconsideration rarely relies on the same documents that led to the initial denial. You need fresh, detailed evidence that speaks directly to the 'severe and prolonged' test. This often means obtaining narrative reports from your treating physicians and specialists that go beyond diagnosis and describe functional limitations, treatment resistance, and prognosis. UL Lawyers knows what adjudicators look for and can guide your healthcare providers on the type of information that carries weight. We also ensure your work history and contribution records are accurate and complete.
- Request detailed functional-capacity reports from your family doctor and any specialists
- Collect clinical notes, diagnostic imaging, and treatment records that show ongoing severity despite compliance
- Document your work history, job demands, and why you cannot perform any substantially gainful occupation
- Review your CPP contribution statement to confirm eligibility and the minimum qualifying period
- Prepare a personal affidavit or statement that describes your daily limitations in concrete terms
Appealing to the Social Security Tribunal when reconsideration fails
If Service Canada upholds the denial after reconsideration, the next level of appeal is the Social Security Tribunal's General Division. This is a more formal process with its own deadlines and evidence rules. You must file a Notice of Appeal, typically within 90 days of receiving the reconsideration decision. The Tribunal reviews the file de novo, meaning it looks at the evidence fresh, but it will still apply the same 'severe and prolonged' legal test. UL Lawyers prepares the appeal record, drafts written submissions, and represents Burlington clients at SST hearings, which are often conducted by videoconference or teleconference.
- File the Notice of Appeal with the SST General Division within the applicable deadline
- Assemble a comprehensive appeal record including all medical, work-history, and reconsideration documents
- Draft written submissions that argue how the evidence meets the 'severe and prolonged' test under the CPP legislation
- Prepare you for the hearing and represent you before the Tribunal member
- If necessary, advise on further appeals to the SST Appeal Division or Federal Court on questions of law
Retroactive payments, onset dates, and what you can recover
A successful CPP Disability claim includes monthly benefits and may include retroactive payments. The amount depends on your established onset date—the date Service Canada or the Tribunal finds you became disabled under the legislation. Retroactivity is generally limited to a maximum of 12 months before the application date, but there are exceptions. UL Lawyers helps Burlington clients understand what they are entitled to, how the onset date is determined, and how to maximize the retroactive period by acting quickly and providing the right evidence from the earliest point of disability.
- Explain how the onset date is established and how it affects the start of monthly benefits
- Calculate potential retroactive payments based on the application date and the 12-month maximum retroactivity rule
- Advise on the interaction between CPP Disability benefits and other income sources like LTD or WSIB
- Ensure the correct onset date is argued from the earliest medical evidence of 'severe and prolonged' disability
- Discuss the child-rearing provision and how it may protect your contribution record
How CPP Disability interacts with long-term disability and other benefits
Many Burlington residents who apply for CPP Disability also have a long-term disability (LTD) claim through a group insurance plan or a private policy. These benefits interact in important ways. LTD insurers often require you to apply for CPP Disability and may deduct CPP payments from your LTD benefits. A denial of CPP Disability can sometimes be used by the insurer to question your LTD claim. UL Lawyers understands both systems and can coordinate your CPP Disability appeal with your LTD claim to protect your overall income and avoid conflicting positions.
- Review your LTD policy to understand the obligation to apply for CPP Disability and the offset provisions
- Coordinate medical evidence so it supports both the CPP 'severe and prolonged' test and the LTD 'own occupation' or 'any occupation' definition
- Advise on the impact of a CPP denial or approval on your ongoing LTD benefits
- If your LTD claim is also denied or terminated, discuss a combined strategy for both appeals
- Ensure settlement or award structures do not inadvertently reduce your total recovery
Why Burlington claimants choose UL Lawyers for CPP Disability appeals
CPP Disability appeals are document-intensive and deadline-driven. A single missing report or a poorly worded doctor's note can lead to another denial and months of delay. UL Lawyers brings focused experience in Ontario disability law to each file. We review your Service Canada file, identify the evidentiary gaps, and build a record that addresses the legal test head-on. Our team serves clients throughout Burlington, Halton Region, and the broader GTA, with virtual consultations available across Ontario. The initial consultation is free, and we explain your options in plain language before you decide on any next step.
- Focused practice on Ontario disability benefits, including CPP Disability, LTD, and related claims
- Thorough review of your Service Canada file, medical records, and contribution history before recommending a strategy
- Clear, upfront explanation of deadlines, likely timelines, and the evidence needed at each stage
- Representation at reconsideration, SST General Division, and further appeals as needed
- Virtual consultations available for Burlington and Halton residents who cannot travel
FAQ
Frequently asked questions
Under the Canada Pension Plan, 'severe' means your disability prevents you from regularly pursuing any substantially gainful occupation—not just your previous job. 'Prolonged' means the disability is expected to be long-continued and of indefinite duration, or likely to result in death. Service Canada adjudicators apply these definitions strictly, and many denials happen because the medical evidence does not clearly address both parts of the test.
Check the date on the letter. You have 90 days to request a reconsideration. Do not wait until day 85. Contact a lawyer immediately to review the denial reasons, your original application, and your medical records. The reconsideration request must include new evidence that directly addresses why you were denied. Submitting the same documents again will almost certainly lead to a second denial.
If you miss the 90-day deadline, you generally lose the right to reconsideration and must submit a new application. This resets your application date, which can reduce or eliminate retroactive payments. In limited cases, Service Canada may accept a late reconsideration request if you can show a reasonable explanation for the delay. You should seek legal advice immediately if the deadline has passed.
If your reconsideration is denied, you can appeal to the Social Security Tribunal's General Division. You must file a Notice of Appeal, usually within 90 days of the reconsideration decision. The Tribunal holds a hearing—often by videoconference or teleconference—where you can present evidence and make submissions. A lawyer can prepare the appeal record, draft legal arguments, and represent you at the hearing. Further appeals to the Appeal Division or Federal Court are possible on questions of law.
Yes. If your appeal is successful, you may receive retroactive payments back to your established onset date, subject to a maximum of 12 months before the application date. The onset date is the date Service Canada or the Tribunal finds you became disabled under the legislation. Getting the onset date right is critical to maximizing retroactive benefits, and your medical evidence should support the earliest possible date of severe and prolonged disability.
It can. Many LTD policies require you to apply for CPP Disability, and the insurer may deduct CPP benefits from your monthly LTD payment. A CPP denial does not automatically end your LTD claim, but the insurer may use it to question the severity of your condition. It is important to coordinate both claims so your medical evidence and legal arguments are consistent. UL Lawyers can advise on both the CPP and LTD aspects of your file.
Bring the Service Canada denial letter, your original CPP Disability application, any reconsideration decision if you have one, all medical records and specialist reports from the relevant period, your most recent CPP Statement of Contributions, and any correspondence with Service Canada. If you have an LTD claim, bring the policy and any insurer correspondence. The more complete the file, the better the advice we can give.
Yes. While this page focuses on Burlington and Halton Region, UL Lawyers assists clients across Ontario with CPP Disability reconsiderations and Social Security Tribunal appeals. The legal test and the appeal process are the same province-wide. We offer virtual consultations and can manage your file remotely if you cannot attend in person.
Timelines vary. A reconsideration request can take several months for Service Canada to decide. An SST appeal can take six months to over a year, depending on the Tribunal's caseload and the complexity of your file. Acting quickly at each stage helps avoid unnecessary delays. A lawyer can give you a realistic timeline based on current processing speeds and the specific steps your file requires.